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HomeMy WebLinkAbout2021-12-13 City Council Action MinutesCITY COUNCIL ACTION MINUTES Page 1 of 12 Special Meeting December 13, 2021 The City Council of the City of Palo Alto met on this date in virtual teleconference at 5:01 P.M. Present: Burt, Cormack, DuBois, Filseth, Stone, Tanaka Absent: Kou Closed Session 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Rumi Portillo, Sandra Blanch, Nicholas Raisch, Molly Stump, and Terence Howzell) Employee Organization: Service Employees International Union,(SEIU) Local 521, Utilities Management and Professional Association of Palo Alto (UMPAPA)Palo Alto Peace Officer’s Association (PAPOA), Palo Alto Police Management Association (PMA), International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs Association (FCA), ; Authority: Government Code Section 54957.6 (a). This item has been continued to a date uncertain. Special Orders of the Day 2. Adoption of Resolution 10007 for Karen McAdams Upon Her Retirement. MOTION: Council Member Filseth moved, seconded by Council Member Stone to adopt the Resolution for Karen McAdams upon her retirement. MOTION PASSED: 6-0, Kou absent 3. Appointment of Candidates for the Architectural Review Board, Historic Resources Board, Parks and Recreation Commission, and Planning and Transportation Commission. MOTION: Mayor DuBois moved, seconded by Council Member Cormack to: A. Vote tonight for two ARB positions; DocuSign Envelope ID: CFFF7CF1-B4C3-46A2-A5E9-AD64502658EF ACTION MINUTES Page 2 of 12 Sp. City Council Meeting Action Minutes: 12/13/2021 B. Direct the Clerk to open a new recruitment opening from now until the end of January for the open positions; and C. Request the incumbent to serve the holdover position until recruited. MOTION PASSED: 6-0, Kou absent The City Council took a break at 5:17 P.M. and returned at 6:00 P.M. First Round of voting for two positions on the Architectural Review Board with terms ending December 15, 2024. Voting For: Peter Baltay (Incumbent): Valerie Driscoll: David L. Hirsch (Incumbent): Yujin Jeon: Kathryn Jordan: Manix Patel: Brigham Wilson: Jim Xiao: Bin Zhou: Burt, Cormack, DuBois, Filseth, Stone Burt, Cormack, DuBois, Filseth, Stone Tanaka Peter Baltay with 5 votes, and David L. Hirsch with 5 votes were appointed to the Architectural Review Board. First Round of voting for one position on the Historic Resources Board with an unexpired term ending December 15, 2022. Voting For: Valerie Driscoll: Alisa Eagleston-Cieslewicz: Burt, Cormack, DuBois, Filseth, Stone, Tanaka Alisa Eagleston-Cieslewicz with 6 votes was appointed to the unexpired term on the Historic Resources Board. First Round of voting for two positions on the Parks and Recreation Commission with terms ending December 15, 2024. DocuSign Envelope ID: CFFF7CF1-B4C3-46A2-A5E9-AD64502658EF ACTION MINUTES Page 3 of 12 Sp. City Council Meeting Action Minutes: 12/13/2021 Voting For: Annie Carl: Anne Warner Cribbs (Incumbent): Claire Elliott: Nellis L. Freeman, Jr.: Jeff Greenfield (Incumbent): Eve Klein: Shani Kleinhaus: Joy Oche: Rich Pearson: Andie Reed: Thomas Rota: Mark Bennett Weiss: Cormack, Filseth, Stone Burt Burt, DuBois, Filseth, Stone Cormack, Tanaka DuBois Tanaka Jeff Greenfield with 4 votes was appointed to the Parks and Recreation Commission. A second round of voting for the remaining term ending December 15, 2024 is required. First Round of voting for two positions on the Planning and Transportation Commission with terms ending December 15, 2025. Voting For: Bryna Chang (Incumbent): Leonard Ely: Kathryn Jordan: Arthur Keller: Chunming Niu: Keith Reckdahl: Burt, DuBois, Filseth, Stone, Tanaka Tanaka Stone Burt, Cormack, DuBois, Filseth DocuSign Envelope ID: CFFF7CF1-B4C3-46A2-A5E9-AD64502658EF ACTION MINUTES Page 4 of 12 Sp. City Council Meeting Action Minutes: 12/13/2021 Nisar Shaikh: Brigham Wilson: Cormack Bryna Chang with 5 votes, and Keith Reckdahl with 4 votes were appointed to the Planning and Transportation Commission. Second Round of voting for 1 position on the Parks and Recreation Commission with a term ending December 15, 2024. Voting For: Annie Carl: Anne Warner Cribbs (Incumbent): Claire Elliott: Nellis L. Freeman, Jr.: Eve Klein: Shani Kleinhaus: Joy Oche: Rich Pearson: Andie Reed: Thomas Rota: Mark Bennett Weiss: Cormack, Filseth, Stone Burt Tanaka DuBois There was no majority vote for the applicants. A third round of voting was required. Third Round of voting for 1 position on the Parks and Recreation Commission with a term ending December 15, 2024. Voting For: Anne Warner Cribbs (Incumbent): Eve Klein: DuBois, Cormack, Filseth, Stone Burt DocuSign Envelope ID: CFFF7CF1-B4C3-46A2-A5E9-AD64502658EF ACTION MINUTES Page 5 of 12 Sp. City Council Meeting Action Minutes: 12/13/2021 Rich Pearson: Andie Reed: Tanaka Anne Warner Cribbs with 4 votes was appointed to the Parks and Recreation Commission. First Round of voting for one position on the Parks and Recreation Commission with an unexpired term ending December 15, 2022. Voting For: Annie Carl: Claire Elliott: Nellis L. Freeman, Jr.: Eve Klein: Shani Kleinhaus: Joy Oche: Rich Pearson: Andie Reed: Thomas Rota: Mark Bennett Weiss: Burt, DuBois, Filseth Stone Cormack, Tanaka There was no majority vote. A second round of voting was required. First Round of voting for one position on the Parks and Recreation Commission with a term ending December 15, 2025. Voting For: Annie Carl: Claire Elliott: Nellis L. Freeman, Jr.: Burt, Cormack, DuBois, DocuSign Envelope ID: CFFF7CF1-B4C3-46A2-A5E9-AD64502658EF ACTION MINUTES Page 6 of 12 Sp. City Council Meeting Action Minutes: 12/13/2021 Eve Klein: Shani Kleinhaus: Joy Oche: Rich Pearson: Andie Reed: Thomas Rota: Mark Bennett Weiss: Filseth, Stone Tanaka Nellis L. Freeman, Jr with 5 votes was appointed to the term on the Parks and Recreation Commission. First Round of voting for one position on the Parks and Recreation Commission with an unexpired term ending December 15, 2022. Voting For: Annie Carl: Claire Elliott: Eve Klein: Shani Kleinhaus: Joy Oche: Rich Pearson: Andie Reed: Thomas Rota: Mark Bennett Weiss: Burt Stone Cormack, Tanaka DuBois, Filseth There was no majority vote. A second round of voting was required. Second Round of voting for one position on the Parks and Recreation Commission with an unexpired term ending December 15, 2022. DocuSign Envelope ID: CFFF7CF1-B4C3-46A2-A5E9-AD64502658EF ACTION MINUTES Page 7 of 12 Sp. City Council Meeting Action Minutes: 12/13/2021 Voting For: Annie Carl: Claire Elliott: Eve Klein: Shani Kleinhaus: Joy Oche: Rich Pearson: Andie Reed: Thomas Rota: Mark Bennett Weiss: Burt, Stone Cormack, Filseth, Tanaka DuBois There was no majority vote. A third round of voting was required. Third Round of voting for one position on the Parks and Recreation Commission with an unexpired term ending December 15, 2022. Voting For: Annie Carl: Claire Elliott: Eve Klein: Shani Kleinhaus: Joy Oche: Rich Pearson: Andie Reed: Thomas Rota: Mark Bennett Weiss: Burt, Stone, DuBois Cormack, Tanaka Filseth DocuSign Envelope ID: CFFF7CF1-B4C3-46A2-A5E9-AD64502658EF ACTION MINUTES Page 8 of 12 Sp. City Council Meeting Action Minutes: 12/13/2021 There was no majority vote. A fourth round of voting was required. Fourth Round of voting for one position on the Parks and Recreation Commission with an unexpired term ending December 15, 2022. Voting For: Annie Carl: Claire Elliott: Eve Klein: Shani Kleinhaus: Joy Oche: Rich Pearson: Andie Reed: Thomas Rota: Mark Bennett Weiss: Burt, DuBois, Filseth, Stone Cormack, Tanaka Shani Kleinhaus with 4 votes was appointed to the unexpired term on the Parks and Recreation Commission. Agenda Changes, Additions and Deletions Mayor DuBois announced that Item 20A and 20B will be heard together as one item. Consent Calendar Council Member Tanaka registered a no vote on Agenda Item Number 10, 13, 14. MOTION: Vice Mayor Burt moved, seconded by Council Member Cormack to approve Agenda Item Numbers 4-18. 4. Approval of Minutes November 29, 2021 City Council Meeting. 5. Approval of Amendment Number 1 to Contract Number C21179861 with Downtown Streets, Inc., for Downtown Cleaning Services, in DocuSign Envelope ID: CFFF7CF1-B4C3-46A2-A5E9-AD64502658EF ACTION MINUTES Page 9 of 12 Sp. City Council Meeting Action Minutes: 12/13/2021 Order to Extend the Term by Two Years (through January 11th, 2024), Increase the Total Not to Exceed Amount to $323,244, and Correct a Clerical Error in the Contractor's Name. 6. Approval of Contract Number C20182200 With Cratus, Inc. in the Amount of $3,444,302 for Sanitary Sewer Replacement Project 30 (WC-17001) in the Ventura, Charleston Meadows, Fairmeadow, and Palo Verde Neighborhoods; Authorization for the City Manager to Negotiate and Execute Related Change Orders Not-to- Exceed$344,430, for a Total Not-to-Exceed Amount of $3,788,732; and Approval of Budget Amendments in the Wastewater Collection Fund. 7. Approval and Authorization for the City Manager or Their Designee to Execute the Following Three Utilities Public Benefits Program Contract Amendments: 1) Amendment Number 3 to Eagle Systems International, Inc. DBA Synergy Companies C15159126, Extending the Term for One Additional Year With no Increase in Compensation; 2) Amendment Number 4 to Eagle Systems International, Inc. DBA Synergy Companies C15159125, extending the Term for One Additional Year With no Increase in Compensation; 3) Amendment Number 3 to CLEAResult Consulting, Inc. C15159135 extending the Term for One Additional Year With no Increase in Compensation. 8. Approval of a Professional Services Agreement With CLEAResult for Efficiency and Electrification Program Services for Small to Medium Business and Commercial Customers for a Total Not-to-Exceed Amount$2,571,714 for a Three-Year Term Through December 31, 2024. 9. Approval of Resolution 10008 amending the City of Palo Alto's Employee Flexible Benefits Plan as a provision of the Consolidated Appropriations Act of 2021 and the American Rescue Plan Act of 2021 (ARPA) as they relate to Employee Health Care and Dependent Care Flexible Spending Accounts. 10. Approval of Amendment No. 3 to Contract C17166591 with Susan Zoccola, LLC to increase the contract amount by $35,000 for a total not to exceed amount of $135,000 and to extend the term through December 2023 to complete the artwork associated with the Charleston-Arastradero Corridor Project. 11. Approval of Contract S20178749 Amendment No. 2 with LCT SOFTWARE, LLC in the Amount of $70,800 for a New Not to Exceed Amount of $174,330 for Electronic Document Review Software related DocuSign Envelope ID: CFFF7CF1-B4C3-46A2-A5E9-AD64502658EF ACTION MINUTES Page 10 of 12 Sp. City Council Meeting Action Minutes: 12/13/2021 to the city’s Land Use and Permitting System Through December 31, 2022. 12. Adoption of Resolution 10009 Approving an Application and Making Required Findings for Proposition 68 Per Capita Grant Funds for Boulware Park Improvement Project in the Amount of $218,000. 13. Request for Authorization to Amend the Existing Legal Service Agreement With the Law Firm of Colantuono, Highsmith & Whatley, PC (Contract S17167696) to Increase the Contract Amount by an Additional $70,000 for a new Not-to-Exceed Amount of $455,000 and to Extend the Term to October 1, 2024. 14. Adoption of Revisions to Management and Professional Employees Compensation Plan. 15. Approval of a Memorandum of Understanding Between the City of Palo Alto Police Department and the City of Campbell for the Santa Clara County Specialized Enforcement Team (SCCSET) for a Period of Ten Years at a Cost of $10,000 or $5,000 Annually Depending on PAPD Participation. 16. Adoption of an Ordinance Restating Procedures For Expedited Permitting Processing For Electric Vehicle Charging Systems. 17. Approval of a License Agreement With New Cingular Wireless PCS, LLC, to Continue Operating the Communications Site on the City Owned Property Located at 1082 Colorado Avenue. 18. Adoption of Resolution 10010 Authorizing the City Manager to Execute Participation Agreements on behalf of Palo Alto to Enter Into the Settlement Agreements with McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceuitca, Inc., Agree to the Terms of the MOU Allocating Settlement Proceeds, and Authorize Entry Into the MOU with the California Attorney General. ITEMS 10, 13, 14 OF MOTION PASSED: 5-1, Tanaka no, Kou absent ITEMS 4-9, 11-12, 15-18 OF MOTION PASSED: 6-0, Kou absent Action Items DocuSign Envelope ID: CFFF7CF1-B4C3-46A2-A5E9-AD64502658EF ACTION MINUTES Page 11 of 12 Sp. City Council Meeting Action Minutes: 12/13/2021 19. Progress Report on the Sustainability and Climate Action Plan Update and S/CAP Ad Hoc Committee Work, and Acceptance of the S/CAP Three-Year Work Plan. MOTION: Council Member Cormack moved, seconded by Council Member Filseth to: A. Accept the current draft S/CAP 3-Year Work Plan that incorporates the Council directives from April 2021 (Attachment A); B. Direct Staff to propose necessary staffing in the Electric Fund and the General Fund during the mid-year budget update, in order to implement the near-term activities in the draft S/CAP 3-Year Work Plan; and C. Direct Staff to bring forward a proposal on including an S/CAP impact statement as part of future relevant staff reports on City Council items at the 2022 City Council Retreat. MOTION PASSED: 6-0, Kou absent The City Council went on a break at 8:54 P.M. and returned at 9:06 P.M. 20A. Approval of Employee Appreciation Leave of Three Days (Not to Exceed 36 Hours) On A One-time Basis for City of Palo Alto Employees to be Used Between December 19, 2021 through January 8, 2022, and Authorize the City Manager or Their Designee to Execute Agreements With Designated Employee Representative Groups. 20B. Approval of Amendments to the Employment Agreements Between the City of Palo Alto and Council Appointed Officers, Specifically the City Attorney and the City Manager. Items 20A and 20B were heard together as one Item. MOTION: Vice Mayor Burt moved, seconded by Council Member Cormack to: A. Approve Employee Appreciation Leave of three days (not to exceed 36 hours) on a one-time basis for all City of Palo Alto employees to be used between December 19, 2021 through January 8, 2022; B. Authorize the City Manager or their designee to execute agreements with designated employee representative groups as needed for implementation; DocuSign Envelope ID: CFFF7CF1-B4C3-46A2-A5E9-AD64502658EF ACTION MINUTES Page 12 of 12 Sp. City Council Meeting Action Minutes: 12/13/2021 C. Approve and authorize the Mayor to execute the following contract amendments for Council Approved Officers: i. Amendment No. 9 to Employment Agreement between the City of Palo Alto and Molly S. Stump; and ii. Amendment No. 3 to Employment Agreement between the City of Palo Alto and Ed Shikada. MOTION PASSED: 5-1, Tanaka no, Kou absent 21. Discussion and Possible Direction Regarding In-Person, Remote, or Hybrid City Council and Board and Commission Meetings. MOTION: Council Member Cormack moved, seconded by Council Member Tanaka to defer resumption of in-person hybrid meetings for Standing Committees, and BCC (Board, Committee, and Commission) meetings to March. MOTION PASSED: 6-0, Kou absent Council Member Questions, Comments and Announcements None Adjournment: The meeting was adjourned at 10:21 P.M. ATTEST: APPROVED: ____________________ ____________________ City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website. DocuSign Envelope ID: CFFF7CF1-B4C3-46A2-A5E9-AD64502658EF Certificate Of Completion Envelope Id: CFFF7CF1B4C346A2A5E9AD64502658EF Status: Completed Subject: Please DocuSign: 20211129amCCs.docx, 20211206amCCs.docx, 20211213amCCs.docx, 20220103amCCr For ... Source Envelope: Document Pages: 26 Signatures: 8 Envelope Originator: Certificate Pages: 2 Initials: 0 Danielle Kang AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Danielle.Kang@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 1/12/2022 8:52:02 AM Holder: Danielle Kang Danielle.Kang@cityofpaloalto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Pat Burt pat@patburt.org Mr Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 98.35.19.155 Sent: 1/12/2022 9:10:31 AM Viewed: 1/12/2022 1:00:02 PM Signed: 1/12/2022 1:07:30 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lesley Milton Lesley.Milton@CityofPaloAlto.org City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 73.223.74.76 Sent: 1/12/2022 1:07:34 PM Viewed: 1/12/2022 1:18:36 PM Signed: 1/12/2022 1:19:01 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/12/2022 9:10:31 AM Envelope Summary Events Status Timestamps Certified Delivered Security Checked 1/12/2022 1:18:36 PM Signing Complete Security Checked 1/12/2022 1:19:01 PM Completed Security Checked 1/12/2022 1:19:01 PM Payment Events Status Timestamps